Magno v.

COMELEC

FACTS:
A petition for disqualification of Nestor Magno as mayoralty candidate of San Isidro,
Nueva Ecija during the May 14, 2001 elections was filed on the ground that Magno was
previously convicted by the Sandiganbayan of four counts of direct bribery penalized
under Article 210 of the Revised Penal Code. Thereafter, petitioner applied for
probation and was discharged. The COMELEC rendered a decision declaring Magno
disqualified from running for the position of mayor in the May 14, 2001 elections. Under
Section 12 of the BP 881 or the Omnibus Election Code, a person convicted of a crime
involving moral turpitude after 5 years from the service of sentence is disqualified to run
for an elective office.

Magno argues that direct bribery is not a crime involving moral turpitude. Likewise, he
cites Section 40 of RA 7160, otherwise known as the Local Government Code of 1991,
which he claims is the law applicable to the case at bar, not BP 881 or the Omnibus
Election Code as claimed by the COMELEC. He insists that he is qualified to run in the
2001 elections because the two-year disqualification period imposed by Section 40 of
the Local Government Code has expired on March 5, 2000.

ISSUES:
1) Whether or not the crime of direct bribery involves moral turpitude
2) Whether the Omnibus Election Code or the Local Government Code should apply

HELD:
1) Yes. Direct bribery is a crime involving moral turpitude. Moral turpitude can be
inferred from the third element. The fact that the offender agrees to accept a promise
or gift and deliberately commits an unjust act or refrains from performing an official
duty in exchange for some favors, denotes a malicious intent on the part of the offender
to renege on the duties which he owes his fellowmen and society in general. The
following are the elements of the crime of direct bribery:
1. the offender is a public officer;
2. the offender accepts an offer or promise or receives a gift or present by
himself or through another;
3. such offer or promise be accepted or gift or present be received by the public
officer with a view to committing some crime, or in consideration of the
execution of an act which does not constitute a crime but the act must be unjust,
or to refrain from doing something which it is his official duty to do; and [Italics
supplied]
4. the act which the offender agrees to perform or which he executes is
connected with the performance of his official duties.

2) The Omnibus Election Code (BP 881) was approved on December 3, 1985 while the
Local Government Code (RA 7160) took effect on January 1, 1992. It is basic in statutory
construction that in case of irreconcilable conflict between two laws, the later
enactment must prevail, being the more recent expression of legislative will.

RA 7160 is a codified set of laws that specifically applies to local government

units. Section 40 thereof specially and definitively provides for disqualifications of
candidates for elective local positions. It is applicable to them only. On the other hand,
Section 12 of BP 881 speaks of disqualifications of candidates for any public office. It
deals with the election of all public officers. Thus, Section 40 of RA 7160, insofar as it
governs the disqualifications of candidates for local positions, assumes the nature of a
special law which ought to prevail.

Petitioner’s disqualification ceased as of March 5, 2000 and he was therefore under no

such disqualification anymore when he ran for mayor of San Isidro, Nueva Ecija in the
May 14, 2001 elections.